(1) General. The clerk of each trial court shall maintain separately all papers filed, entered, issued or returned in each action, which with the docket required by Rule 79.01 or by Criminal Rule 13.01 shall constitute the original record. Except when transmitted to an appellate court or withdrawn by counsel pursuant to RAP 26(D), no original record shall be removed from the office of the clerk unless by a court order. However, when necessary in the hearing of a motion or in the taking of some step in an action or proceeding that is to be conducted by the court out of the county in which the record is kept, an attorney of record in the action, or if a party is not represented by an attorney, the party himself, may make a written and signed request to the clerk that the original record be transferred to the circuit clerk of the county wherein the hearing is to be conducted. Upon receipt of such request the clerk shall forthwith transmit the record as requested. The record shall be returned promptly after completion of the event necessitating the transfer.
Rule 79.05.Original record -- Removal and transfer.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRequires the clerk to keep the papers of each action, together with the docket, as the original record, restricts removal of that record from the clerk's office, sets rules for recording an admitted will, and lets the clerk dispose of exhibits six months after an action becomes final.
Full Text of Rule 79.05
(2) Recording of wills. When a will is admitted to probate the clerk shall lodge the original will and a certified copy of the order admitting it with the county clerk for recording. It shall be the responsibility of the proponent of the will to see that the will and certified copy of the order are duly recorded and to pay the county clerk's recording fee. The original order admitting the will to probate and a certified copy of the will shall be retained in the record of the probate action.
(3) Exhibits. The clerk may dispose of exhibits six (6) months after the action becomes final, unless sooner withdrawn by the parties.
Amendment History
(Amended effective July 1, 1976; amended October 14, 1977, effective January 1, 1978; amended February 14, 1978, effective March 1, 1978; amended July 12, 1989, effective August 28, 1989; amended October 25, 2022, effective January 1, 2023.)
Plain-English Summary
Rule 79.05 defines the original record of a case: the docket kept under Rule 79.01, plus every paper filed, entered, issued, or returned in the action. The clerk keeps this record separate for each action, and, aside from sending it to an appellate court or a withdrawal by counsel under RAP 26(D), no one can remove it from the clerk's office without a court order.
The rule does provide a path for moving the record temporarily. When a motion or step in the case must be heard by the court outside the county where the record is kept, the attorney of record, or the party if unrepresented, can make a written, signed request that the clerk transfer the record to the circuit clerk of the county where the hearing will happen. The clerk then transmits it, and once the hearing or step is done, the record comes back to the original clerk.
For probate actions, when a will is admitted, the clerk lodges the original will and a certified copy of the admitting order with the county clerk for recording. The proponent of the will is responsible for seeing that recording happens and for paying the county clerk's recording fee. The probate action's own record keeps the original admitting order and a certified copy of the will.
Finally, the clerk may dispose of exhibits six months after the action becomes final, unless a party withdraws them sooner.
Frequently Asked Questions
Can a Kentucky court clerk let someone remove the original case file?
No, not without a court order, except when the record is transmitted to an appellate court or withdrawn by counsel under RAP 26(D). Rule 79.05 does allow the clerk to transfer the record temporarily to another county's circuit clerk for a hearing or step in the case that must happen there, on a written and signed request from the attorney of record or an unrepresented party.
Who is responsible for recording a will after it's admitted to probate in Kentucky?
The clerk lodges the original will and a certified copy of the order admitting it with the county clerk for recording, but Rule 79.05 puts responsibility on the proponent of the will to see that recording happens and to pay the county clerk's recording fee.
How long does a Kentucky court keep trial exhibits after a case ends?
The clerk may dispose of exhibits six months after the action becomes final, unless a party withdraws them before then.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 79.05). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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